Quote:
Originally Posted by gideongallery
bump for someone who actually understands the law
the entire point of the safe harbor provision is to make sure that legitimate fair use of content are not censored by the take down process.
adding a external thread, outside the scope of the proper notification process would undermine that as much as not having the safe harbor at all.
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I wouldn't go so far as to say that's the "entire point" of the safe harbor (it's also there to limit liability for legitimate ISPs/OSPs with respect to the bad acts of their clients/users), but GG and FTP are correct; such sites really
cannot legally/properly respond to take down requests made outside of the proper channels.
I don't have the case citation handy, but there's some recent case law that's pretty squarely on point for this.